McCullough v. Kroger Co.

Because I disagree with the majority, I must vigorously dissent.

In addition to the facts set out in the majority and viewing the evidence with all inferences in favor of McCullough, the following facts are pertinent. McCullough had been shopping at Kroger, where she regularly shopped, about 20 or 30 minutes on a Sunday evening. As she stated, “I was pushing my cart straight ahead. ... I was looking straight ahead in the direction I was going.” Nothing obstructed her view of the area or prevented her from looking at the floor. The “next thing I knew I was falling, fell. . . .” After the fall,…